THE CONTROL OF NATIONAL HIGHWAYS (LAND AND TRAFFIC)  
ACT, 2002 
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ARRANGEMENT OF SECTIONS 
Last Updated: 17-9-2021 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

CHAPTER II 

HIGHWAYS ADMINISTRATION  

3.  Establishment of Highway Administrations. 
4.  Powers and functions of Highway Administration. 
5.  [Omitted]. 
6.  [Omitted.]. 
7.  [Omitted.]. 
8.  [Omitted.]. 
9.  [Omitted.]. 
10.  [Omitted.]. 
11.  [Omitted.]. 
12.  [Omitted.]. 
13.  [Omitted.]. 
14.  Appeal. 
15.  [Omitted.] 
16.  [Omitted.] 
17.  Conditions as to making of interim order. 
18.  [Omitted.] 
19.  Limitation. 
20.  Appointment of officers to act on behalf of Highway Administration. 
21.  Delegation of powers. 
22.  Power to transfer jurisdiction. 

PREVENTION OF UNAUTHORISED OCCUPATION OF HIGHWAY LAND AND THEIR REMOVAL 

CHAPTER III 

23.  Highway land to be deemed as property of Central Government. 
24.  Prevention of occupation of highway land. 
25.  Grant of lease or licence of highway land for temporary use. 
26.  Removal of unauthorised occupation. 
27.  Recovery of cost of removal of unauthorised occupation and fine imposed. 

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CHAPTER IV 

CONTROL OF ACCESS TO THE NATIONAL HIGHWAYS 

SECTIONS 

28.  Right of access. 
29.  Procedure for permission to access to Highway. 
30.  Regulation or diversion of access, etc. 

REGULATION OF DIFFERENT TYPES OF TRAFFIC ON NATIONAL HIGHWAYS 

CHAPTER V 

31.  Highway Administration to regulate traffic when Highway deemed unsafe. 
32.  Prohibition of use of heavy vehicles on certain Highways. 
33.  Temporary closure of traffic on Highway. 
34.  Permanent closure of Highway. 
35.  Power to restrict the use of vehicles. 
36.  Prevention and repair of damage to Highway. 
37.  Prohibition to leave vehicles or animals in dangerous position. 

CHAPTER VI 

REGULATION OF CONSTRUCTION ON HIGHWAY LAND FOR PUBLIC UTILITIES, DRAINS, ETC. 

38.  Construction on highway land. 

39.  Offence and penalty. 

CHAPTER VII 

OFFENCE AND PENALTY 

CHAPTER VIII 

MISCELLANEOUS 

40.  [Omitted.] 
41.  Finality of orders. 
42.  Duty of village officials. 
43.  Conduct of inquiry. 
44.  Officers of Highways Administration to be public servant. 
45.  Protection of action taken in good faith. 
46.  Offences by companies. 
47.  Procedure for service of notices, etc. 
48.  Act to have overriding effect. 
49.  Power to remove difficulties. 
50.  Power to make rules. 

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THE CONTROL OF NATIONAL HIGHWAYS (LAND AND TRAFFIC) ACT, 2002 

ACT NO. 13 OF 2003 

[14th January, 2003.]  

An  Act  to  provide  for  control  of  land  within  the  National  Highways,  right  of  way  and  traffic 
moving on the National Highways and also for removal of unauthorised occupation thereon. 

BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Control  of  National 

Highways (Land and Traffic) Act, 2002. 

(2) It extends to the whole of India. 
(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint; and different dates may be appointed for different provisions of this Act. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

2* 

* 

* 

* 

* 

(b) “building” means any work of construction done in any manner by use of any  material and 
includes a farm building for agricultural purposes, plinth, doorstep, wall, drain, advertisement board 
and other things fixed with such building; 

(c)  “construct”,  with  its  grammatical  variations,  in  relation  to  a  building,  means  to  construct, 

reconstruct, erect, re-erect, extend or alter structurally a building; 

(d) “cost of land” means the market value of the land as determined by the competent authority of 
the State Government or the Government of the Union territory appointed for such determination, as 
the case may be; 

3[(da) “Court” means the principal Civil Court of original jurisdiction in a  district, and includes 

the High Court in exercise of its ordinary original civil jurisdiction;] 

(e)  “Highway”  means  a  National  Highway  declared  as  such  under  section  2  of  the  National 
Highways  Act,  1956  (48  of  1956)  and includes  any Expressway  or  Express  Highway  vested  in the 
Central Government, whether surfaced or unsurfaced, and also includes— 

(i) all lands appurtenant to the Highway, whether demarcated or not, acquired for the purpose 
of  the  Highway  or  transferred  for  such  purpose  by  the  State  Government  to  the  Central 
Government; 

(ii) all bridges, culverts, tunnels, causeways, carriageways and other structures constructed on 

or across such Highway; and 

(iii) all trees, railings, fences, posts, paths, signs, signals, kilometre stone and other Highway 

accessories and materials on such Highways; 

(f) “Highway Administration” means the Highway Administration established under section 3; 

(g) “highway land” means the land of which the Central Government is, or is deemed to be, the 

owner under sub-section (1) of section 23; 

(h)  “land”  includes benefits  arising  out  of land  and things  attached to  the  earth  or  permanently 

fastened to anything attached to the earth; 

1. 27th January, 2005, vide notification No. S.O. 96(E) dated  27th January, 2005, see Gazette of India, Extraordinary, Part II  

sec. 3(ii). 

2. Clause (a) omitted by Act 33 of 2021, s. 24 (w.e.f. 4-4-2021). 
3. Ins. by s. 24, ibid. (w.e.f. 4-4-2021). 

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(i)  “means  of  access”  means  any  permanent  means  of  access,  whether  private  or  public,  for 

vehicles of any kind; 

(j) “premises” means any land or building or part of a building and includes— 

(i)  the  garden,  grounds  and  outhouses,  if  any,  appertaining  to  such  building  or  part  of  a 

building; and 

(ii)  any  fittings  affixed  to  such  building  or  part  of  a  building  for  the  more  beneficial 

enjoyment thereof; 

(k) “prescribed” means prescribed by rules made under this Act; 

1* 

* 

* 

* 

* 

(m)  “unauthorised  occupation”  means  any  occupation  of  the  highway  land,  without  permission 

under this Act for such purpose, by a person who— 

 (i) is trespasser on the Highway; or  

(ii) for the time being is paying or is liable to pay to other person rent or any portion of the 

rent of the premises on a Highway; or  

(iii) lives in or otherwise uses any premises on a Highway; or  

(iv) is a rent-free tenant of any premises on a Highway; or  

(v) is a licensee of any premises on a Highway for its possession; or  

(vi)  is  liable  to  pay  damages  to  the  owner  of  any  premises  on  a  Highway  for  the  use  or 

possession of such premises;  

(n)  “vehicle”  means  a  barrow,  sledge,  plough,  drag  and  any  wheeled  or  tracked  conveyance  of 

any description capable of being used on a Highway. 

CHAPTER II 

2[HIGHWAYS ADMINISTRATION 3***]; 

3. Establishment of Highway Administrations.—(1) The Central Government shall, by notification 

in the Official Gazette,— 

(a) establish, for the purposes of this Act, a body or authority consisting of one or more officers 
of  the  Central  Government  or  the  State  Government  to  be  known  as  Highway  Administration  to 
exercise powers and discharge functions conferred on it under this Act; and 

(b) define the limits of the Highway within which, or the length of Highway on which, a Highway 

Administration shall have jurisdiction:  

Provided that the Central Government may, in the notification issued under this sub-section or by 
any  general  or  special  order,  impose  any  condition  or  limitation  subject  to  which  a  Highway 
Administration shall exercise powers and discharge functions conferred on it under this Act. 

(2)  The  Central  Government  may  establish  one  or  more  Highway  Administrations  for  a  State  or 

Union territory or for a Highway under sub-section (1). 

(3)  Subject  to  the  provisions  of  this  Act,  the  Highway  Administration  shall  exercise  powers  and 

discharge functions conferred on it under this Act in such manner as may be prescribed. 

4. Powers and functions of Highway Administration.—A Highway Administration shall exercise 
powers  and  discharge  functions  throughout  its  jurisdiction  specified  under  this  Act  subject  to  such 
conditions or limitations as may be imposed by the notification issued under sub-section (1) of section 3 
and by any general or special order made in this behalf by the Central Government. 

1. Clause (l) omitted by Act 33 of 2021, s. 24 (w.e.f. 4-4-2021). 
2. Subs. by Act 7 of 2017, s. 167, for the heading (w.e.f. 26-5-2017). 
3. The words “AND TRIBUNALS, ETC.” omitted by Act 33 of 2021, s. 24 (w.e.f. 4-4-2021). 

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5.  [Establishment  of  Tribunals.]—Omitted  by  the  Tribunals  Reforms  Act,  2021  (33  of  2021),  s.  24 

(w.e.f. 4-4-2021). 

6.  [Composition  of  Tribunal.]  —Omitted  by  the  Finance  Act,  2017  (7  of  2017),  s.  167                           

(w.e.f. 26-5-2017). 

7. 

[Qualifications 

for  appointment  as  Presiding  Officer.]  —Omitted  by  s.  167, 

ibid.                      

(w.e.f. 26-5-2017). 

8. [Term of office.] —Omitted by s. 167, ibid. (w.e.f. 26-5-2017). 

9. [Staff of Tribunal.] —Omitted by s. 167, ibid. (w.e.f. 26-5-2017). 

10.  [Salary  and  allowances  and  other  terms  and  conditions  of  service  of  Presiding  Officer.]  —

Omitted by s. 167, ibid. (w.e.f. 26-5-2017). 

11. [Vacancies in Tribunal.] —Omitted by s. 167, ibid. (w.e.f. 26-5-2017). 

12. [Resignation and removal.] —Omitted by s. 167, ibid. (w.e.f. 26-5-2017). 

13.  [Financial  and  administrative  powers  of  Presiding  Officer.]  —Omitted  by  s.  167,  ibid.                    

(w.e.f. 26-5-2017). 

1[14. Appeal.—An appeal from any order passed, or any action taken, excluding issuance or serving 
of  notices,  under  sections  26,  27,  28,  36,  37  and  38  by  the  Highway  Administration  or  an  officer 
authorised on its behalf, as the case may be, shall lie to the Court.] 

15. [Bar of jurisdiction.]—Omitted by the Tribunal Reforms Act, 2021 (33 of 2021), s. 24 (w.e.f. 4-4-

2021). 

16. [Procedure and powers of Tribunal.]—Omitted by s. 24, ibid., (w.e.f. 4-4-2021). 

17. Conditions as to making of interim order.—Notwithstanding anything contained in any other 
provision of this Act or in any other law for the time being in force, no interim order (whether by way of 
injunction  or  stay  or  in  any  other  manner)  shall  be  made  on,  or  in  any  proceeding  relating  to,  an 
application or appeal unless— 

(a)  copies  of  such  application  or  appeal  and  of  all  documents  in  support  of  the  plea  for  such 
interim  order  are  furnished  to  the  party  against  whom  such  application  is  made  or  appeal  is           
preferred; and  

(b) opportunity is given to such party to be heard in the matter: 

Provided  that  the  2[Court]  may  dispense  with  the  requirements  of  clauses  (a)  and  (b)  and  make  an 
interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is 
necessary so to do for preventing any loss being caused to the applicant or the appellant, as the case may 
be;  which  cannot  be  adequately  compensated  in  money;  but  any  such  interim  order  shall,  if  it  is  not 
sooner vacated, cease to have effect on the expiry of a period of fourteen days from the date on which it is 
made  unless  the  said  requirements  have  been  complied  with  before  the  expiry  of  that  period  and  the 
2[Court] has continued the operation of the interim order. 

18. [Execution of orders of Tribunal.]—Omitted by Act the Tribunals Reforms Act, 2021 (33 of 2021), 

s. 24 (w.e.f. 4-4-2021). 

19.  Limitation.—Every  appeal  to  the  2[Court]  under  this  Act  shall  be  preferred  within  a  period  of 

sixty days from the date on which the order appealed against has been made: 

Provided  that  an  appeal  may  be  admitted  after  the  expiry  of  the  said  period  of  sixty  days,  if  the 
appellant  satisfies  the  2[Court]  that  he  had  sufficient  cause  for  not  preferring  the  appeal  within  the 
specified period. 

1. Subs. by Act 33 of 2021, s. 24, for section 14 (w.e.f. 4-4-2021). 
2. Subs. by s. 24, ibid., for “Tribunal” (w.e.f. 4-4-2021). 

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20.  Appointment  of  officers  to  act  on  behalf  of  Highway  Administration.—(1)  The  Highway 
Administration may, if it thinks fit after the approval of the Central Government, by notification in the 
Official Gazette, appoint such— 

(a) gazetted officer of the Central Government; or 

 (b) gazetted officer of the State Government; or 

(c)  officer  of  the  National  Highways  Authority  of  India  constituted  under  section  3  of  the 
National Highways Authority of India Act, 1988 (68 of 1988) or any other authority constituted under 
any  other  enactment,  equivalent  to  a  gazetted  officer  of  the  Central  Government  or  the  State 
Government, 

to exercise such powers and discharge such functions of the Highway Administration as may be specified 
in the notification. 

(2) The Highway Administration may specify in the notification under sub-section (1), the limits of 
the  Highway  within  which  or  the  length  of  the  Highway  on  which  an  officer  appointed  under  that  
sub-section shall exercise the powers and discharge the functions. 

21.  Delegation  of  powers.—The  Central  Government  may,  by  notification  in  the  Official  Gazette, 
direct that any power exercisable by it (except the powers conferred by section 50) under this Act shall, 
subject  to  such  conditions,  if  any,  as  may  be  specified  in  the  notification,  be  exercisable  by  a  State 
Government  or  any  other  authority  or  an  officer  of  the  State  Government  as  may  be  specified  in  the 
notification. 

22. Power to transfer jurisdiction.—The Central Government may, at any time, by notification in 
the  Official  Gazette,  transfer  the  jurisdiction  of  a  Highway  Administration  defined  under  clause  (b)  of 
sub-section  (1)  of  section  3  to  other  Highway  Administration,  and  on  the  transfer  the  Highway 
Administration  shall  cease  to  have  and  such  other  Highway  Administration  shall,  subject  to  the 
conditions,  if  any,  specified  in  the  notification,  have  all  the  powers  and  authority  exercisable  by  the 
Highway Administration before such transfer of jurisdiction. 

CHAPTER III 

PREVENTION OF UNAUTHORISED OCCUPATION OF HIGHWAY LAND AND THEIR REMOVAL 

23. Highway land to be deemed as property of Central Government.—(1) All lands forming parts 
of  a  Highway  which  vest  in  the  Central  Government  or  which  do  not  already  vest  in  the  Central 
Government but have been acquired for the purpose of Highway shall, for the purposes of this Act, and 
other Central Acts, be deemed to be the property of the Central Government as owner thereof. 

(2) The Highway Administration shall cause to be maintained a record in the prescribed manner in 
which the particulars of the lands, relating to the Highway, of which the Central Government is the owner 
shall be entered and the entries of the particulars of such lands in any record maintained for such purpose 
before  the  commencement  of  this  Act  shall  be  deemed  to  be  the  entry  of  the  particulars  of  such  lands 
made in the first said record and accordingly the Central Government shall be deemed to be the owner of 
the  lands  regarding  which  the  entries  have  been  made  in  such  records  maintained  before  the 
commencement of this Act. 

(3)  Any  person  claiming  against  the  ownership  of  the  Central  Government  referred  to  in  
sub-section (2) shall make written complaint to the Highway Administration and prove his claim before it 
and  the  Highway  Administration, after considering  the  evidence  produced  by  such  person,  may  correct 
such records or reject the claim. 

24. Prevention of occupation of highway land.—(1) No person shall occupy any highway land or 
discharge any material through drain on such land without obtaining prior permission, for such purpose in 
writing, of the Highway Administration or any officer authorised by such Administration in this behalf. 

 (2)  The  Highway  Administration  or  the  officer  authorised  under  sub-section  (1)  may,  on  an 
application  made  by  a  person  in  this  behalf and having  regard to the  safety  and convenience of traffic, 
grant permission to such person— 

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 (i)  to  place  a  movable  structure  on  the  Highway  in  front  of  any  building  owned  by  him  or  to 

make a movable structure on support of such building and over the Highway, or 

(ii)  to  put  up  a  temporary  lawning  or  tent  or  other  similar  construction  or  a  temporary  stall  or 

scaffolding on the Highway, or 

(iii) to deposit or cause to be deposited, building materials, goods for sale or other articles on any 

Highway, or 

(iv) to  make  a  temporary  excavation  for  carrying  out any  repairs  or improvements to  adjoining 

buildings, 

and  such  permission  shall  be  granted  subject  to  the  conditions  and  on  payment  of  the  rent  and  other 
charges by issuing permit in the form as may be prescribed: 

Provided that no such permission shall be valid beyond a period of one month at a time from the date 
on which the permission has been granted unless it is renewed by the Highway Administration or such 
officer on an application made by such person for the renewal of the permission. 

(3) The permission granted under sub-section (2) shall specify therein— 

(i) the time up to which the permission is granted; 

(ii) the purpose of such permission; 

(iii) the portion of the Highway in respect of which the permission has been granted,  

and shall be accompanied with a plan or sketch of such portion of Highway. 

(4) The person, to whom the permit has been issued under sub-section (2), shall produce the permit 
for inspection whenever called upon to do so by any officer of the Highway Administration and shall, on 
the expiry of the permission granted under such permit, restore the portion of the Highway specified in 
the  permit  in  such  condition  as  it  was  immediately  before  the  issuing  of  such  permit  and  deliver  the 
possession of such portion to the Highway Administration. 

(5) The Highway Administration or the officer issuing the permit under sub-section (2) shall maintain 
a complete record of all such permits issued, and shall also ensure in every case at the expiration of the 
period up to which the permission under a permit is granted under that sub-section that the possession of 
the  portion  of  the  Highway  in  respect of  which  such  permission  was  granted has  been  delivered  to the 
Highway Administration. 

25. Grant of lease or licence of highway land for temporary use.—The Highway Administration 
or  the  officer  authorised  by  such  Administration  in  this  behalf  may,  having  regard  to  the  safety  and 
convenience of traffic and subject to such conditions as may be prescribed and on payment of prescribed 
rent or other charges, grant lease or licence of highway land to a person for temporary use: 

Provided that no such lease shall be valid for more than five years at a time from the date on which 

such lease has been granted unless renewed by the Highway Administration or such officer. 

26.  Removal  of  unauthorised  occupation.—(1)  Where the  Highway  Administration  or  the  officer 
authorised  by  such  Administration  in  this  behalf  is  of  the  opinion  that  it  is  necessary  in  the  interest  of 
traffic safety or convenience to cancel any permit issued under sub-section (2) of section 24, it may, after 
recording the reasons in writing for doing so, cancel such permit and, thereupon, the person to whom the 
permission  was  granted  shall,  within  the  period  specified  by  an  order  made  by  the  Highway 
Administration or such officer restore the portion of the Highway specified in the permit in such condition 
as it was immediately before the issuing of such permit and deliver the possession of such portion to the 
Highway Administration and in case such person fails to deliver such possession within such period, he 
shall  be  deemed  to be in  unauthorised  occupation  of highway  land for  the  purposes of this section  and 
section 27. 

 (2)  When,  as  a  result  of  the  periodical  inspection  of  highway  land  or  otherwise,  the  Highway 
Administration  or  the  officer  authorised  by  such  Administration  in  this  behalf  is  satisfied  that  any 
unauthorised occupation has taken place on highway land, the Highway Administration or the officer so 

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authorised  shall  serve  a  notice  in  a  prescribed  form  on  the  person  causing  or  responsible  for  such 
unauthorised  occupation  requiring  him  to  remove  such  unauthorised  occupation  and  to  restore  such 
highway land in its original condition as before the unauthorised occupation within the period specified in 
the notice. 

(3) The notice under sub-section (2) shall specify therein the highway land in respect of which such 
notice  is  issued,  the  period  within  which  the  unauthorised  occupation  on  such  land  is  required  to  be 
removed, the place and time of hearing any representation, if any, which the person to whom the notice is 
addressed may make within the time specified in the notice and that failure to comply with such notice 
shall render the person specified in the notice liable to penalty, and summary eviction from the highway 
land in respect of which such notice is issued, under sub-section (6). 

(4) The service of the notice under sub-section (2) shall be made by delivering a copy thereof to the 
person to whom such notice is addressed or to his agent or other person on his behalf or by registered post 
addressed to the person to whom such notice is addressed and an acknowledgment purporting to be signed 
by such person or his agent or other person on his behalf or an endorsement by a postal employee that 
such person or his agent or such other person on his behalf has refused to take delivery may be deemed to 
be prima facie proof of service. 

(5)  Where  the  service  of  the  notice  is  not  made  in  the  manner  provided  under  sub-section  (4),  the 
contents of the notice shall be advertised in a local newspaper for the knowledge of the person to whom 
the notice is addressed and such advertisement shall be deemed to be the service of such notice on such 
person. 

(6)  Where  the  service  of  notice  under  sub-section  (2)  has  been  made  under  sub-section  (4)  or  
sub-section (5) and the unauthorised occupation on the highway land in respect of which such notice is 
served has not been removed within the time specified in the notice for such purpose and no reasonable 
cause  has  been  shown  before  the  Highway  Administration  or  the  officer  authorised  by  such 
Administration in this behalf for not so removing unauthorised occupation, the Highway Administration 
or  such  officer,  as  the  case  may  be,  shall  cause  such  unauthorised  occupation  to  be  removed  at  the 
expenses of the Central Government or the State Government, as the case may be, and impose penalty on 
the person to whom the notice is addressed which shall be five hundred rupees per square metre of the 
land so unauthorisedly occupied and where the penalty so imposed is less than the cost of such land, the 
penalty may be extended equal to such cost.  

(7)  Notwithstanding  anything  contained  in  this  section,  the  Highway  Administration  or  the  officer 
authorised by such Administration in this behalf shall have power without issuing any notice under this 
section to remove the unauthorised occupation on the highway land, if such unauthorised occupation is in 
the nature of— 

(a) exposing any goods or article— 

(i) in open air; or 

(ii) through temporary stall, kiosk, booth or any other shop of temporary nature, 

(b) construction or erection, whether temporary or permanent, or 

(c)  trespass  or  other  unauthorised  occupation  which  can  be  removed  easily  without  use  of  any 

machine or other device, 

and in removing such occupation, the Highway Administration or such officer may take assistance of the 
police,  if  necessary,  to  remove  such  occupation  by  use  of  the  reasonable  force  necessary  for  such 
removal. 

(8) Notwithstanding anything contained in this section, if the Highway Administration or the officer 
authorised by such Administration in this behalf is of the opinion that any unauthorised occupation on the 
highway land is of such a nature that the immediate removal of which is necessary in the interest of— 

(a) the safety of traffic on the Highway; or 

(b) the safety of any structure forming part of the Highway, 

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and no notice can be served on the person responsible for such unauthorised occupation under this section 
without  undue  delay  owing  to  his  absence  or  for  any  other  reason,  the  Highway  Administration  or  the 
officer  authorised  by  such  Administration  may  make  such  construction  including  alteration  of  any 
construction as may be feasible at the prescribed cost necessary for the safety referred to in clause (a) or 
clause (b) or have such unauthorised occupation removed in the manner specified in sub-section (7). 

(9) The Highway Administration or an officer authorised by such Administration in this behalf shall, 
for the purposes of this section or section 27, have the same powers as are vested in a civil court under the 
Code  of  Civil  Procedure,  1908  (5  of  1908),  while  trying  a  suit,  in  respect  of  the  following  matters, 
namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of documents; 

(c) issuing commissions for the examination of witnesses; and 

(d) any other matter which may be prescribed, 

and  any  proceeding  before  such  Administration  or  officer  shall  be  deemed  to  be  a  judicial  proceeding 
within the meaning of sections 193 and 228, and for the purpose of section 196, of the Indian Penal Code 
(45 of 1860) and the Administration or the officer shall be deemed to be a civil court for the purposes of 
section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). 

27.  Recovery  of  cost  of  removal  of  unauthorised  occupation  and  fine  imposed.—(1)  Where  a 
Highway Administration or the officer authorised by such Administration in this behalf has removed any 
unauthorised occupation or made any construction including alteration of construction in respect of any 
unauthorised  occupation  or  repaired  any  damage  under  sub-section  (2)  of  section  36,  the  expenditure 
incurred  in  such  removal  or  repair  together  with  fifteen  per  cent.  of  additional  charges  or  any  fine 
imposed under this Act shall be recoverable in the manner hereinafter provided in this section. 

(2) The Highway Administration or the officer authorised in this behalf by such Administration shall 
serve  a  copy  of  the  bill in the prescribed  form  indicating  therein the expenditure,  additional  charges  or 
fine recoverable under sub-section (1) on the person from whom such expenditure, additional charges or 
fine is recoverable  and the  provisions  of section  26  relating  to the  service  of  notice  shall  apply  for  the 
service  of  copy  of  the  bill  under  this  sub-section  as  if  for  the  word  “notice”  the  word  “bill”  has  been 
substituted in that section. 

(3) A copy of the bill referred to in sub-section (2) shall be accompanied with a certificate issued by 
the  Highway  Administration  or  the  officer  authorised  by  such  Administration  in  this  behalf  and  the 
amount  indicated  in  the  bill  shall  be  the  conclusive  proof  that  such  amount  is  the  expenditure  actually 
incurred for all or any of the purposes referred to in sub-section (1) as indicated in the bill. 

(4) Where a Highway Administration or the officer authorised in this behalf by such Administration 
has removed any unauthorised occupation or made any construction including alteration of construction 
in respect of any unauthorised occupation or repaired any damage under sub-section (2) of section 36, the 
material, if any, recovered as a result of such removal, construction, alteration or repair shall be retained 
in possession of the Highway Administration or such officer till the payment of the bill in respect thereof 
served  under  sub-section  (2)  and on  payment  of  such  bill  such  material  shall  be  returned  to  the  person 
entitled  for  the  material,  but  in  case  of  the  failure  of  such  payment  within  the  time  specified  for  the 
payment in the bill, the material may be sold by auction by the Highway Administration or such officer 
and after deduction of the amount payable under the bill from the proceeds of the auction, the balance, if 
any, shall be returned to the person entitled therefor. 

(5)  In  case  where  the  proceeds  of  the  auction  under  sub-section  (4)  is  less  than  the  amount 
recoverable  under the bill referred to in  that  sub-section, the  difference  between  such proceeds  and  the 
amount so recoverable or where no such auction has been made, the amount recoverable under the bill 
shall, in case of failure of the payment within the time specified in the bill, be recoverable as the arrears of 
land revenue. 

9 

 
 
CHAPTER IV 

CONTROL OF ACCESS TO THE NATIONAL HIGHWAYS 

28.  Right  of  access.—(1)  No  person  shall  have  right  of  access  to  a  Highway  either  through  any 
vehicle or on foot by a group of five or more persons except permitted by the Highway Administration 
either generally or specifically in the manner specified in section 29. 

(2) The access to a Highway under sub-section (1) shall be subject to the guidelines and instructions 

issued by the Central Government from time to time. 

(3) The Highway Administration may, by notification in the Official Gazette, declare a Highway or 
any portion thereof to be limited for access in the manner as specified in such notification and may also 
impose  any  restriction  or  control  on  such  access  to,  from  or  across  such  Highway  as  specified  in  that 
notification. 

29.  Procedure  for  permission  to  access  to  Highway.—(1)  The  general  permission  under  
sub-section (1) of section 28 shall be given by issuing notification in the Official Gazette for such purpose 
and  specific  permission  under that  sub-section  shall  be  given  in the  manner  specified  hereinafter  under 
this section. 

(2) Any person desirous of obtaining specific permission referred to in sub-section (1) may make an 
application in the prescribed form to the Highway Administration specifying therein the means of access 
to which such permission relates and shall also be accompanied with such fees as may be prescribed and 
the  Highway  Administration  shall,  after  considering  the  application  either  give  the  permission  with  or 
without the terms and conditions as may be prescribed or reject the application as it may deem fit. 

(3)  In  case,  where  the  permission  has  been  given  in  respect  of  the  application  made  under  
sub-section  (2),  the  person  to  whom  such  permission  has  been  given  shall  obtain  the  licence  from  the 
Highway  Administration  in  the  prescribed  form  enumerating  therein  the  terms  and  conditions,  if  any, 
subject to which such permission has been given, and such permission shall be renewed after such period 
and in such manner as may be prescribed. 

(4) If any person contravenes the provisions of sub-section (1) of section 28 or violates any terms and 
conditions  subject  to  which  permission  has  been  given  under  sub-section  (2)  including  non-renewal  of 
licence obtained under sub-section (3), his access to Highway under the permission under sub-section (1) 
or  sub-section  (3),  as  the  case  may  be,  shall  be  deemed  to  be  unauthorised  access  and  the  Highway 
Administration  or  the  officer  authorised  by  such  Administration  shall  have  the  power  to  remove  such 
access  and  where  necessary,  the  Highway  Administration  or  such  officer  may  use  the  necessary  force 
with the assistance of the police to remove such access. 

30.  Regulation  or  diversion  of  access,  etc.—(1)  Notwithstanding  any  permission  given  under  
sub-section (1) or sub-section (2) of section 29, the Highway Administration shall have the power in the 
interest of the safety and convenience of the traffic to refuse, regulate or divert any proposed or existing 
access to the Highway. 

(2)  Where  an  existing  access  is  diverted,  the  alternative  access  given  in  lieu  thereof  shall  not  be 

unreasonably distant from the existing access. 

REGULATION OF DIFFERENT TYPES OF TRAFFIC ON NATIONAL HIGHWAYS 

CHAPTER V 

31.  Highway  Administration 

to 

regulate 

traffic  when  Highway 

deemed                             

unsafe.—(1) Notwithstanding anything contained in this Act, the Highway Administration shall have the 
power to regulate and control the plying of vehicles on the Highway for the proper management thereof. 

(2)  If  at  any  time  the  Highway  Administration  is  satisfied  on  the  information  received  by  it  or 
otherwise  that  any  Highway  within  its  jurisdiction  or  any  part  thereof  is  or  has  become  congested  or 
unsafe  for  vehicular  or  pedestrian  traffic  by  reason  of  damage  or  otherwise,  it  may,  either  close  the 
Highway or such part thereof to all traffic or to any class of traffic, or regulate the number and speed of 

10 

 
vehicles to be used on the Highway or such part thereof, as the case may be, in the manner as it may deem 
fit. 

32.  Prohibition  of  use  of  heavy  vehicles  on  certain  Highways.—Where  the  Highway 
Administration  is  satisfied  that  the  surface  of  a  Highway  or  any  part  thereof,  or  any  bridge,  culvert  or 
causeway  built  on  or  across  the  Highway  is  not  designed  to  carry  vehicles  of  which  the  laden  weight 
exceeds a prescribed limit, it may, subject to such rules as may be made in this behalf, prohibit or restrict 
the plying of such vehicles on or over such Highway or part thereof or such bridge, culvert or causeway, 
as the case may be. 

33. Temporary closure of traffic on Highway.—Where, in exercise of the powers under section 31 
or  section  32,  the  Highway  Administration  considers  it  proper  for  the  purposes  of  that  section  to 
temporarily  close  a  Highway  or  part  thereof  or  to  restrict  or  regulate  traffic  on  such  Highway  or  part 
thereof, it may do so in the manner as it may deem fit. 

34.  Permanent  closure  of  Highway.—(1)  Where,  in  exercise  of  the  powers  under  section  31,  the 
Highway  Administration  deems  it  necessary  in  the  interest  of  the  safety  of  the  Highway  to  close  a 
Highway or part thereof, it may, by notification in the Official Gazette, give notice of its intention to the 
public to do so specifying therein the time within which the objections and suggestions received shall be 
considered under sub-section (3) and in addition to such notice, it shall also notify the contents of  such 
notice in at least two newspapers, one of which shall be in the local language of the area through which 
such Highway passes and another shall be the newspaper being circulated in such area. 

(2)  The  notice  under  sub-section  (1)  shall  indicate  the  alternative  route  proposed  to  be  provided  in 
lieu of the Highway or part thereof intended to be closed specifying therein as to whether such alternative 
route shall be an already existing Highway or shall be newly constructed and shall also invite objections 
and  suggestions from  the persons affected on  such proposal  within  the  time  and  to  be addressed to the 
officer as specified in such notice. 

(3)  The  Highway  Administration  shall,  after  considering  the  objections  and  suggestions,  if  any, 
received  within  the  time  specified  in  such  notice,  take  decision  on  the  proposal  for  closure  under  the 
notice and shall act in accordance with such decision. 

35.  Power  to  restrict  the  use  of  vehicles.—If  the  Highway  Administration  is  satisfied  that  it  is 
necessary in the interest of public safety or convenience, or because of the nature of any road or bridge so 
to  do,  it  may,  by  notification  in  the  Official  Gazette,  prohibit  or  restrict,  subject  to  such  exceptions  or 
conditions as may be specified in the notification, the use of any Highway or part thereof by a class or 
classes of traffic either generally or on specified occasion or time as specified in the notification and when 
such prohibition or restriction is imposed, the Highway Administration shall cause such traffic signs to be 
placed or erected at suitable places for the convenience of the traffic as may be prescribed: 

Provided that where any prohibition or restriction under this section is to be remained for a period of 
one  month  or  less,  such  prohibition  or  restriction  may  be  imposed  without  issuing  notification  in  the 
Official Gazette: 

Provided further that the prohibition or restriction imposed under the first proviso shall be published 

widely for the knowledge of the users by other possible means. 

36.  Prevention  and  repair  of  damage  to  Highway.—(1)  No  person  who  is  in  charge  of,  or  in 
possession of, any vehicle or animal shall, wilfully or negligently, cause, or allow such vehicle or animal 
to cause, any damage to any Highway. 

(2)  Where,  in  contravention  of  sub-section  (1),  any  damage  has  been  caused  to  any  Highway,  the 
Highway Administration shall have such damage repaired at its own expenses and such expenses together 
with fifteen per cent. thereof as additional charges shall, without prejudice to any other action which may 
be taken against the person who has so contravened sub-section (1), be recovered from him in accordance 
with the provisions contained in section 27 as if such expenses and additional charges were the expenses 
and additional charges recoverable under that section. 

11 

 
37. Prohibition to leave vehicles or animals in dangerous position.—(1) No person in charge of, or 
in  possession  of,  any  vehicle  or  animal  shall  allow  such  vehicle  or  animal  to  stand  or  proceed  on  a 
Highway unless the same is under such safety control as may be prescribed. 

(2) Where, in contravention of sub-section (1), any obstruction on the Highway is caused, the vehicle 
or animal causing such obstruction shall be caused to be towed away by the Highway Administration to 
remove  such  obstruction  on  the  Highway  and  the  vehicle  or  animal  so  towed  away  shall  be  taken  into 
possession by the Highway Administration and shall be handed over to the owner thereof in the manner, 
by payment to the Highway Administration, the expenses incurred in such removal, as may be prescribed. 

(3)  In  case  where  the  expenses  in  respect  of  the  vehicle  or  animal  taken  into  possession  under  
sub-section  (2)  have  not  been  paid  in  the  manner  prescribed  under  that  sub-section,  the  Highway 
Administration shall sell such vehicle or animal by auction and the proceeds of the auction shall be the 
property of the Central Government. 

(4) Any person who has unauthorised occupation on a highway land shall be summarily evicted by 
the Highway Administration in the manner specified in section 26 for removal of unauthorised occupation 
and  shall  be  liable  to  fine  imposed  by  the  Highway  Administration  which  shall  not  be  less  than  five 
hundred rupees per square metre of the unauthorisedly occupied land by him but which may be extended 
to the cost of such land. 

CHAPTER VI 

REGULATION OF CONSTRUCTION ON HIGHWAY LAND FOR PUBLIC UTILITIES, DRAINS, ETC. 

38. Construction on highway land.—(1) Notwithstanding anything contained in any other law for 
the time being in force, no person other than a Highway Administration or a person authorised by such 
Administration  in  this  behalf  shall  construct,  install,  shift,  repair,  alter  or  carry  any  poles,  pillars, 
advertisement  towers,  transformers,  cable  wire,  pipe,  drain,  sewer,  canal,  railway  line,  tramway, 
telephone boxes, repeater station, street, path or passage of any kind on highway land or across, under or 
over any Highway except with the prior permission in writing of the Highway Administration for such 
purpose. 

(2) Any person who intends to obtain the permission under sub-section (1) shall make an application 
in  the  prescribed  form  to  the  Highway  Administration  containing  therein  the  purpose  and  period  of 
occupancy of Highway, location and part of the Highway to be occupied, method of execution of work, 
period of construction and method of restoration of such part of the Highway. 

(3) The Highway Administration shall consider the application made under sub-section (1) and if it is 
satisfied that there is no alternative other than the Highway in respect of which the permission is sought 
under the application where the land can be found to locate the public utility, it may give permission in 
writing as sought in the application: 

Provided  that  while  giving  such  permission,  the  Highway  Administration  may  impose  such 

conditions as it may deem fit to protect— 

(i) the Highway from damage; and  

(ii) the traffic on the Highway from obstruction,  

and  may  also  impose  such  fees  and  other  charges  as  may  be  prescribed  on  the  person  to  whom  such 
permission  is  given  in  respect  of  any  land  forming  part  of  the  Highway,  occupied  or  applied  to  the 
proposed work or construction under permission and also impose on such person the expenditure, if any, 
incurred by the Highway Administration for repairing any damage caused to the Highway by laying or 
shifting of any structure, article or equipment under the permission. 

(4) If any person, in contravention of sub-section (1), makes any construction or carries out any other 
work, the Highway Administration may, at its own expenses, cause such construction or other work to be 
removed from the Highway and restore the Highway in the condition as it was immediately before giving 
permission  for  such  construction  or  other  work  under  sub-section  (3)  and  such  expenses  together  with 
fifteen  per  cent.  thereof  as  additional  charges  and  fine  imposed  by  the  Highway  Administration  taking 
into account the nature of the damages caused by such construction or other work, which shall not be less 

12 

 
than five hundred rupees per square metre of land used for such construction or other work, but shall not 
exceed  the  cost  of  such  land,  shall  be  recovered  from  such  person  in  accordance  with  the  provisions 
contained  in  section  27  as  if  such  expenses,  additional  charges  and  fine  were  the  expenses,  additional 
charges and fine recoverable under that section. 

CHAPTER VII 

OFFENCE AND PENALTY 

39.  Offence  and  penalty.—(1)  If  any  person,  who  has  been  evicted  from  any  unauthorised 
occupation on a highway land under this Act, again occupies any highway land without permission for 
such occupation under this Act, he shall be punishable with imprisonment for a term which may extend to 
one year, or with fine which shall not be less than one thousand rupees per square metre of so occupied 
highway land but which shall not exceed two times the cost of such highway land, or with both. 

(2) Any court, convicting a person under sub-section (1), may make an order for evicting that person 
from such occupied highway land summarily and he shall be liable to such eviction without prejudice to 
any other action that may be taken against him. 

(3)  Notwithstanding  anything  contained  in  the  Code  of  Criminal  Procedure,  1973  (2  of  1974),  the 

offence punishable under sub-section (1) shall be cognizable. 

CHAPTER VIII 

MISCELLANEOUS 

40.  [Right  of  appellant  to  take  assistance  of  legal  practitioner.]—Omitted  by  Act  the  Tribunals 

Reforms Act 2021 (33 of 2021), s. 24 (w.e.f. 4-4-2021). 

41. Finality of orders.—Save as otherwise expressly provided in this Act, every order made or any 
action  taken  by  the  Highway  Administration  or  the  officer  authorised  in  this  behalf  by  such 
Administration  1*** shall be final and shall not be called in question in any original suit, application or 
execution proceeding and no injunction shall be granted by any court or other authority in respect of any 
action  taken  or  to  be  taken  in  pursuance  of  any  power  conferred  by  or  under  this  Act  to  the  Highway 
Administration 2***. 

42. Duty of village officials.—Wherever any village headman, village accountant, village watchman 
or other village official, by whatever name called, becomes aware of any offence involving unauthorised 
occupation,  damage  or  destruction  of  the  highway  land,  he  shall  forthwith  inform  the  nearest  police 
station  or  the  nearest  Highway  Administration  or  any  officer  authorised  in  this  behalf  by  such 
Administration,  the  commission  of  such  offence  and  shall  also  be  duty  bound  to  assist  the  Highway 
Administration and its officers in prosecuting the offender of the offence. 

43.  Conduct  of  inquiry.—The  Highway  Administration  or  the  officer  authorised  in  this  behalf  by 
such Administration shall, if he desires to make any inquiry for the purposes of this Act, make a summary 
inquiry in such manner as may be prescribed. 

3[44.  Officers  of  Highways  Administration  to  be  public  servant.—The  officer  or  officers 
constituting the Highways Administration and any other officer authorised by such Administration under 
this Act, shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this 
Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).] 

45. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall 
lie  against  the  Central  Government  or  4[any  other  officer  of  the  Central  Government]  or  the  officer  or 
officers constituting the Highway Administration or any other officer authorised by such Administration 

1. The words “or every order passed or decision made on appeal under this Act by the Tribunal” omitted by Act 33 of 2021, s. 24  

(w.e.f. 4-4-2021). 

2. The words “or Tribunal” omitted by s. 24, ibid. (w.e.f. 4-4-2021). 
3. Subs. by Act 7 of 2017, s. 167 for section 44 (w.e.f. 26-5-2017). 
4. Subs by, s.167, ibid for certain words (w.e.f. 26-5-2017). 

13 

 
                                                           
under this Act or any other person, for anything which is in good faith done or intended to be done under 
this Act or the rules made thereunder. 

46. Offences by companies.—(1) Where an offence punishable under this  Act has been committed 
by  a  company,  every  person  who,  at  the  time  the  offence  was  committed,  was  in  charge  of,  and  was 
responsible to, the company for the conduct of the business of the company, as well as the company, shall 
be  deemed  to  be  guilty  of  the  offence  and  shall  be  liable  to  be  proceeded  against  and  punished 
accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment, if he proves that the offence was committed without his knowledge or that he had exercised 
all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where any offence punishable under this 
Act  has  been  committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the 
consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary 
or other officer of the company, such director, manager, secretary or other officer shall also be deemed to 
be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 

 Explanation.—For the purposes of this section,— 

(a) “company” means any body corporate and includes a firm or other association of individuals; 

and  

(b) “director”, in relation to a firm, means a partner in the firm. 

47. Procedure for service of notices, etc.—Save as otherwise provided in this Act, every notice or 

bill issued or prepared under this Act may be served or presented in such manner as may be prescribed. 

48.  Act  to  have  overriding  effect.—The  provisions  of  this  Act  shall  have  effect  notwithstanding 
anything inconsistent therewith contained in any other law for the time being in force or in any instrument 
having effect by virtue of any law other than this Act. 

49. Power to remove  difficulties.—(1)  If  any  difficulty  arises  in  giving  effect to  the  provisions  of 
this Act, the Central Government may, by order published in the Official Gazette, make such provisions, 
not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing 
the difficulty: 

Provided that no such order shall be made under this section after the expiry of three years from the 

commencement of this Act. 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each 

House of Parliament. 

50.  Power  to  make  rules.—(1)  The  Central  Government  may,  after  previous  publication,  by 

notification in the Official Gazette, make rules for carrying out the purposes of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the manner of exercising powers and discharge functions under sub-section (3) of section 3; 

1* 

 2* 

* 

* 

* 

* 

* 

* 

(g) the manner for maintaining the records of the Highway Administration in which the lands are 
shown  and  the  manner  of  proving  claim  for  correction  of  such  records  under  sub-section  (2)  of 
section 23; 

(h) the conditions subject to which, the rent and other charges on payment of which and the form 

in which permit may be issued for grant of permission under sub-section (2) of section 24; 

1. Cls. (b), (c), (d) and (e) omitted by Act 7 of 2017, s.167 (w.e.f. 26-5-2017). 
2. Clause (f) omitted by Act 33 of 2021, s. 24 (w.e.f. 4-4-2021). 

14 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
(i) the conditions, payment of rent and other charges for grant of lease or licence of highway land 

under section 25; 

(j) the form of notice under sub-section (2) of section 26; 

(k)  the  feasible  cost  for  making  construction  including  alteration  of  any  construction  under  

sub-section (8) of section 26; 

(l) the additional matter in respect of which the Highway Administration or an officer authorised 
by  such  Administration  in  this  behalf  may  exercise  the  powers  of  a  civil  court  under  clause  (d)  of  
sub-section (9) of section 26; 

(m) the form of the bill under sub-section (2) of section 27; 

(n) the form of application, the fees to be accompanied therewith and the terms and conditions for 

permission under sub-section (2) of section 29; 

(o)  the  form  of  licence,  the  period  and  the  manner  of  renewal  of  such  licence  under  

sub-section (3) of section 29; 

(p) the limit of laden weight and the provisions subject to which the plying of vehicles may be 

prohibited or restricted under section 32; 

(q) the traffic signs to be placed or erected under section 35; 

(r) the safety and control for allowing any vehicle or animal to stand or proceed on a Highway 

under sub-section (1) of section 37; 

(s)  the  manner  of  handing  over  the  vehicle  or  animal  to  the  owner  and  payment  of  expenses 

incurred in the removal of such vehicle or animal under sub-section (2) of section 37; 

(t) the form of application under sub-section (2) of section 38; 

(u) the fees and other charges to be imposed under sub-section (3) of section 38; 

(v) the manner of summary inquiry under section 43; 

(w) the manner of service or presentation of notice or bill under section 47; and 

(x) any other matter which is required to be, or may be, prescribed. 

(3) Every rule made or every notification issued by the Central Government under this Act shall be 
laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session, 
for  a  total  period  of  thirty  days  which  may  be  comprised  in  one  session  or  in  two  or  more  successive 
sessions,  and  if,  before  the  expiry  of  the  session  immediately  following  the  session  or  the  successive 
sessions  aforesaid,  both  Houses  agree  in  making  any  modification  in  the  rule  or  notification  or  both 
Houses  agree  that  the  rule  or  notification  should  not  be  made  or  issued,  the  rule  or  notification  shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that rule or notification.  

15 

 
